July 25th is Constitution Day on the island of Puerto Rico, marking the 60th anniversary of the commonwealth. Coincidentally, July 25th also marks the 114th anniversary of the U.S. invasion of Puerto Rico during the Spanish-American War of 1898.
The two events are directly related and continue to exert their influence over the people of Puerto Rico to this day.
There’s little use in discussing the invasion, except to say that the people welcomed it as the end of Spanish-style colonialism and the coming of American-style democracy. Puerto Ricans quickly realized that they had shaken off Spanish-style colonialism, only to don American-style colonialism.
The focus here is on the constitution, if one can call it that. I was under the impression that a society was constituted by its people and its people alone — that a constitution not based solely on the consent of the people had no force (outside of violence) to make them obey. I guess I’ve been reading too much Rousseau.
The Constitution of the Commonwealth of Puerto Rico, its official name, is a complete farce. It’s neither a constitution, nor does it create a commonwealth. In reality, it is a set of Congressional guidelines for governing a Caribbean colony. And it is a Congressional act — perhaps penned by Puerto Ricans, yes, but it exists by the will of Congress. And since Congress itself is of Americans, by Americans, for Americans, a Puerto Rican constitution dependent on the will of Congress cannot possibly be labeled democratic or said to be in the best interests of the island. Colonialism, even when it’s benevolent, is never in the best interests of a people.
Luis Muñoz Marín, the island’s first democratically-elected governor who was actively involved in decolonizing Puerto Rico for much of his career, said as much when he spoke before the Senate: “Kindness, even justice, unilaterally bestowed, may denote an anticolonialistic spirit, but it does not finally and decisively create an anticolonial status.”
Besides the fact that Puerto Rico is, as a former chief justice of the Puerto Rico Supreme Court put it, “subject to the untrammeled will of Congress,” the Puerto Rican Constitution offends in other ways.
A Puerto Rican constitutional convention had included in its draft a bill of rights that would’ve recognized “the right to social protection in the event of unemployment, sickness, old age, or disability; the right to obtain work; the right to an adequate standard of living; and the rights of mothers and children to special care and assistance.” Although it mirrored the UN Declaration of Human Rights championed by the United States, Congress voted to remove the section.
As it stands, the Puerto Rican Constitution cannot be changed without the approval of Congress — that’s not the exact wording of the law, but that is, in effect, the reality. At times, the authority of the Puerto Rico Supreme Court, which is appointed by the people of Puerto Rico and whose role it is to interpret Puerto Rican law, has even been superseded by the federal courts, whose judges are not appointed by the Puerto Rican people.
This November, Puerto Ricans will go to the polls not only to choose new representatives in government, but decide how much authority their government will have in future lives. Voters will hold the fate of Puerto Rico literally in their hands.
When he spoke before the Senate in 1952, Muñoz Marín begged his people to see the light of justice:
“It is unthinkable that a free people, a people worthy of American citizenship, should deliberately go to the polls and vote for a status that they conceive as one of inequality.”
One only hopes that, as they cast their votes in November, Puerto Ricans will hold the dream of Puerto Rican freedom in their minds and in their hearts.
About Hector Luis Alamo, Jr.
The dream of Puerto Rican Independence will not defeat the reality of the current situation on the ground in PR. High unemployment, an insanely high reliance on federal assistance, an escalating crime rate due to drugs, a corrupt local police force, a local government that shut down a few years ago, and lastly the knowledge that despite things not being perfect they still have the highest GDP per capita in Latin America.
If it somehow came down to Statehood to Independence then statehood wins. Why? Because the PIP are horrible at elections and usually only win 2 or 3%. (On a funny side note their flag is hideous. It looks like the flag of a Christian environmental activist group.)
But speculation is pointless. Commonwealth will win again. During the next plebiscite the same debates will be had. The same articles written. The same issues argued over a game of dominoes. Good times.
Actually I’m liking that this is Constitution day, let me Read this before I say I like what Hector has to say this time…
Todays NOT JUNE 25TH???!
Why is this guy Hector the official Puerto Rican spokesperson. I vote for someone new!
constitution day is today, JULY 25, but article has JUNE stated
constitution day is today, JULY 25, but article has JUNE stated
Hector, you should go live in Cuba and try to be critical of their “constitution” and see how far you will get. You make it sound like PR is the United States version of South Africa under apartheid. It’s not.
Hector, you should go live in Cuba and try to be critical of their “constitution” and see how far you will get. You make it sound like PR is the United States version of South Africa under apartheid. It’s not.
Sorry about the typo.
Sorry about the typo.
And I’m not a spokesperson for anybody but myself.
And I’m not a spokesperson for anybody but myself.
Hector, first a much needed correction: the date is July 25th and not June 25 (the creation of the PR Constitution & the invasion of the U.S). I have to agree with the idea put forth on your piece. Though voted in by the people of Puerto Rico, the final approval lied in Washington. I know today many people celebrating this day (The Popular Democratic Party or la Pava are having their big rally today in la plaza de Colon in Mayaguez). I wish it was a day of celebrating true democracy and freedom.
Do you actually think people here give a damn what day it is?? It’s just another LONG weekend as far as they’re concerned, and the hotels are packed. Just some of us are aware of the irony. But hey, no matter how we vote this coming November? It’s up to congress. And if anybody here thinks that Congress is going to approve statehood, soberania or independence…they’ve lost their minds.
And now I’m off for a a walk on the beach! LOL
100 yrs of federal reserve. Interesting
Interesting
What would PR be like if it actually gained independence?
As bad as things are in PR, I feel they would only get worst if they became fully independent. There really isn’t anything to export. No agriculture (at least not enough to support an independent economy), and no industry. All there really is, is tourism and PR isn’t even the most popular tourist attraction in the Caribbean. If being a commonwealth is out of the question than I think the only viable option is statehood. I don’t live in PR and this is simply a point of view of someone looking in from the outside, so if I’m wrong, please correct me.
Good discussion, however, let me point out few facts; the PR constitution (yes, it’s a contitution) was approved by the Puerto Rico’s electorate, the U.S. Congress, and the U.S. President from 1951 – 1952. (In 1951, the U.S. Congress directed the Puerto Rican government to organize a constitutional convention to write the Puerto Rico Constitution and it was approved 1952). Ragardless how one feel today about it, the PR electorate in the 50s agreed with the principles and implications. As a matter of fact, since the approval of the “Commonwealth of Puerto Rico” constitution, 90% of the voters want to continue a relationship with the U.S. (if you add the PPD (Commonwealth Status) and PNP (Statehood Status)votes equals 90% of the voters). Only 3-5% of the voters want indepedence. (If they would like to move to a republic, my advice would be not to move to Virgin Island or Guam since they are also Commonwealth of the U.S.).
Voting in November is very important and could have serious implications (if you don’t believe it, please read the Hawaii and Alaska history, their statehood process).
Lastly, President Barack Obama appointed a Task Force on Puerto Rico’s Status. In March 2011, it recommended that all relevant parties—the President, Congress, and the leadership and people of Puerto Rico—work to ensure that Puerto Ricans are able to express their will about status options and have that will acted upon by the end of 2012 or soon thereafter. The report further recommends, “… if efforts on the Island do not provide a clear result in the short term, the President should support, and Congress should enact, self-executing legislation that specifies in advance for the people of Puerto Rico a set of acceptable status options, including the Statehood, that the United States is politically committed to fulfilling. This legislation should commit the United States to honor the choice of the people of Puerto Rico (provided it is one of the status options specified in the legislation) and should specify the means by which such a choice would be made. The Task Force recommended that, by the end of 2012, the Administration develop, draft, and work with Congress to enact the proposed legislation.
To close, yes we enjoy party and dias feriados, what’s wrong with that?